절도등
The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Of the facts charged in the instant case, the first instance court dismissed the public prosecution on the crime of assault and convicted all of the remainder of the facts charged, and only the Defendant appealed against the first instance judgment.
Therefore, since the first instance court's judgment dismissing the defendant is separated from the original judgment, it is excluded from the scope of this court's judgment, and the scope of this court's judgment is limited to the guilty part of the first instance judgment and the second instance judgment.
2. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendant is unreasonable because the respective punishment of the lower court (e.g., 10 months of imprisonment and 2 months of imprisonment: 4 months of imprisonment) is too unreasonable.
3. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant. Each of the offenses in the judgment of the court below is concurrent offenses under the former part of Article 37 of the Criminal Act, and thus a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
4. As such, the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance on the grounds of ex officio reversal as seen earlier, without examining each of the above decisions of the defendant on the grounds of unfair sentencing, all of them are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following decision is rendered after pleading.
【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 319(1) and 319(1) of the Criminal Act for criminal facts, each of the choice of punishment, Article 366 of the Criminal Act, Article 71(1)2 and Article 17 subparag. 3 of the Child Welfare Act (physical abuse against a child), Article 329 of the Criminal Act, and each of the imprisonment with labor.